The ordinance codified in this chapter is adopted as an urgency
measure pursuant to Government Code Section 36937 for the immediate
preservation of the public health, safety, and welfare, and is adopted
and justified based on the following findings of the city council,
in addition to the recitals referenced above which are true and correct
and incorporated fully herein:
A.
The
city council hereby finds that, to promote the health, safety and
welfare, restrictions on sidewalk vending are necessary to avoid negative
impacts on the health, safety and welfare of the resident, including,
but not limited to, the following:
1.
Proliferation
of illegal sales;
2.
Potential
public exposure to food-borne illnesses due to unlicensed vendors
and unsanitary conditions;
3.
Increase
in trash and debris in public rights-of-way;
4.
Overcrowded
sidewalks impacting safe pedestrian movement;
5.
Interference
to the performance of police, firefighter, and emergency medical personnel;
6.
Disruption
to the flow of pedestrian and vehicular traffic including ingress
or egress from, any residence, public building, place of business,
or from the street to the sidewalk by persons exiting or entering
parked or standing vehicles;
7.
Mitigate
negative impacts to the flow of pedestrian or vehicular traffic, including
ingress into, or egress from, any residence, public building, or place
of business, or from the street to the sidewalk, by persons exiting
or entering parked or standing vehicles;
8.
Provide
reasonable access for the use and maintenance of sidewalks, pathways,
poles, posts, traffic signs or signals, hydrants, restrooms, trash
receptacles, firefighting apparatus, mailboxes, as well as access
to locations used for public transportation services;
9.
Maximize
public access to and along the right-of-way;
10.
Reduce exposure to legal liability to the city due to personal injury
or claims for damage and litigation due to use of public property;
and
11.
Protect adult and minor residents from vendors with certain criminal
history and background.
B.
The
city council further finds that the unique characteristics of the
city require certain area specific restrictions on sidewalk vending
as follows:
1.
Pico
Rivera Sports Arena. The Pico Rivera Memorial Sports Arena is a multipurpose
arena with an approximately six thousand seat capacity that is used
for concerts, rodeos, wrestling, boxing, circus, and other similar
events ("Sports Arena"). The Sports Arena is located at 11003 Rooks
Road, Pico Rivera, California 90660, which is located adjacent to
on or near arterial roadways and is adjacent to the Interstate 605
Freeway, a ten-lane freeway. On days of events, there is a heavy vehicular
and pedestrian traffic on the adjacent public rights-of-way before,
during, and after events. Based on the physical characteristics of
the sidewalks adjacent to the Sports Arena, the presence of vendors
on sidewalks and pedestrian paths within areas adjacent to the Sports
Arena before, during, and after events would obstruct such sidewalks
and cause potentially dangerous vehicular conditions causing risk
to sidewalk vendors, pedestrians, and motorists who utilize the streets
and sidewalks in areas adjacent to the Sports Arena. In order to protect
and preserve the general public welfare and safety, the city council
determines that it is necessary to prohibit sidewalk vending two hours
before, during, and two hours after events at the Sports Arena;
2.
The
Civic Center contains the city's emergency operation center, the Pico
Rivera sheriff's station, and other critical infrastructure and equipment.
Vending restrictions are necessary to ensure that public safety apparatuses
are readily accessible and critical infrastructure is maintained and
accessible at all times;
3.
Restrictions
on sidewalk vending at, in or around parks is necessary to protect
the health, safety, and general welfare of those persons engaged in
active parks and sports activities as well as spectators of sporting
events and park activities;
4.
Many
of the sidewalks and pathways in the city are under eight feet wide
and sidewalk vending in these areas unreasonably interfere with the
flow of pedestrians and disrupt the access for persons with disabilities
or decrease safety for users of the city's sidewalks; and
5.
Due
to the close interaction between sidewalk vendors and seniors, children,
and residents generally, the restrictions placed on sidewalk vending
are intended to protect the health, safety, and general welfare of
the public, therefore criminal history investigations are necessary
to protect the general public.
(Ord. 1130 § 2, 2019)
For the purpose of this chapter, the words, terms, and phrases
shall be defined as set forth herein, unless the context clearly indicates
a different meaning is intended. Words, terms, and phrases used in
this chapter that are not specifically defined shall be construed
according to their context and the customary usage of the language.
means a location operated in accordance with Chapter 10.5
(commencing with Section 47000) of Division 17 of the Food and Agriculture
Code and any regulations adopted pursuant to that chapter.
means the buildings, facilities, and parking areas located
at 6615 Passons Blvd., Pico Rivera, CA 90660, including the Pico Rivera
Station and the appurtenant parking lots.
means the director of community and economic development
department, or designated representative.
means any facility where fire engines and other emergency-related
equipment of the city of Pico Rivera or the Los Angeles County fire
department are housed.
means any item provided in Health and Safety Code Section
113781, as the same may be amended from time to time.
means any device used to create heat for food preparation.
means any item(s) that may be sold and immediately obtained
from a sidewalk vendor, which is not considered food.
means public parks owned and/or controlled by the city of
Pico Rivera.
means that portion of a street or highway, other than the
roadway or the sidewalk, and is generally identified as the space
between the street and the sidewalk, or street medians.
means a paved path or walkway owned by the city or other
public entity that is specifically designed for pedestrian travel,
other than a sidewalk.
means all property owned or controlled by the city, including,
but not limited to, buildings, parks, pathways, parkways, sidewalks,
roadways, streets, and parking lots.
means any area zoned exclusively as residential in Title
18 of the Pico Rivera Municipal Code, or is designated exclusive for
residential use as part of a conditional use permit, planned development
permit, specific plan, residential overlay district, or equivalent.
means that portion of the street which is improved, designed,
or ordinarily used for vehicular travel.
shall mean a sidewalk vendor who moves from place to place
and stops only to complete a transaction.
means the Los Angeles County sheriff's department or applicable
law enforcement agency.
means any facility located in the city where county of Los
Angeles sheriff's vehicles and other equipment are housed.
means that portion of the highway or street other than the
roadway or parkway, set apart by curbs, barriers, markings, or other
delineation which is used principally for pedestrian travel.
shall mean a person who vends food or merchandise from a
pushcart, stand, display, pedal-driven cart, wagon, showcase, rack,
or other nonmotorized conveyance or from one's person, upon a public
sidewalk or other pedestrian path, or such other meaning of such term
as may be ascribed by Government Code Section 51036(a) from time to
time.
means actions that qualify a person as a sidewalk vendor
or actions done in or upon public rights-of-way in anticipation of
becoming a sidewalk vendor such as, but not limited to, placement
or maintenance of any sidewalk vendor facilities.
means a pushcart, stand, display, pedal-driven cart, wagon,
showcase, rack, or other non-motorized conveyance used for sidewalk
vending activities.
means the permit issued by the director and required prior
to any person engaging in sidewalk vending activities in the city.
means a sidewalk vendor who vends from a fixed location.
means a location operated in accordance with Article 6 (commencing
with Section 21660) of Chapter 9 of Division 8 of the Business and
Professions Code, and any regulations adopted pursuant to that article.
(Ord. 1130 § 2, 2019)
Notwithstanding this chapter and any provisions of the Pico
Rivera Municipal Code, it is unlawful for any person to engage in
sidewalk vending activities within the following locations or areas
within the city:
A.
Any
public property that does not meet the definition of a sidewalk or
pathway, including, but not limited to, any roadway, street, alley,
or parking lot.
B.
Within
any area zoned for residential purposes, provided that roaming sidewalk
vending activities operated in compliance with this ordinance shall
not be prohibited.
C.
Within
one thousand feet of the Sports Arena three hours before, during,
or three hours after an event.
D.
Within
five hundred feet of the following:
1.
An
area designated for a temporary special permit issued by the city,
provided that any notice, business interruption mitigation, or other
rights provided to affected businesses or property owners under the
city's temporary special permit are also provided to a sidewalk vendor
permitted to operate in the area, if applicable. For purposes of this
paragraph, a temporary special permit is a permit issued by the city
for the temporary use of, or encroachment on, the sidewalk or other
public area, including, but not limited to, an encroachment permit,
special event permit, or temporary event permit, for purposes, including,
but not limited to, filming, parades, festivals, or outdoor concerts.
A prohibition on sidewalk vendor activities pursuant to this paragraph
shall only be effective for the duration of the temporary special
permit;
2.
Civic
Center, City Hall, a sheriff's station, or a fire station;
3.
Any
public or private school, or a large or general child day-care facility,
between the hours of six a.m. and six p.m.;
4.
Any
place of assembly or worship, between one hour before and one hour
after scheduled event or presentation times;
5.
An
area designated for a permitted certified farmers' market during the
limited operating hours of that certified farmers' market; or
6.
Any
sheriff's or police officer, firefighter, or emergency medical personnel
who are actively performing their duties or providing services to
the public.
E.
Within
fifty feet of any public picnic area, playground area or playground
equipment; or any public community center, athletic field, softball/baseball
diamond, basketball court, handball court, pickleball court, tennis
court, soccer field, or volleyball court; public restroom; or another
sidewalk vendor.
F.
Within
ten feet of a marked crosswalk; the curb return of an unmarked crosswalk;
fire hydrant, fire call box, or other emergency facility; bus bench;
transit or bus shelter; driveway or driveway apron; curb which has
been designated as white, yellow, green, blue, or red zone; ATM or
other vending machine; any driveway; or entrance or exit to a building,
structure or facility; or bike rack.
G.
Within
ten feet ahead, and forty-five feet to the rear, of a sign designated
a bus stop.
H.
Within
five feet of an area improved with lawn, flowers, shrubs, trees, or
street tree wells; or an outdoor dining or patio dining area.
I.
Stationary
sidewalk vendors shall not engage in any sidewalk vending activities:
(1) on any sidewalk or pathway that is not a minimum width of eight
feet; or (2) at any park where the city has signed an agreement for
concessions that exclusively permits the sale of food or merchandise
by a concessionaire.
J.
In or
on the median of any street, road, or highway.
K.
In or
immediately adjacent to any area designed for parking, bus zones,
stopping, or loading; or in any location where the sidewalk vending
receptacle blocks manholes, utility access points, and/or vents.
L.
In any
location which the location of the sidewalk vending receptacle, or
the operation of sidewalk vending activities, would result in or cause
a violation of applicable law, including, but not limited to, the
Americans with Disabilities Act.
M.
Notwithstanding
any specific prohibition in this ordinance, any location or area where
the operation of sidewalk vending activities creates a reasonably
foreseeable danger to the safety of persons or property.
(Ord. 1130 § 2, 2019)
A.
No person, either for themselves or any other person, shall engage in any sidewalk vendor activities within the city without first applying for and receiving a permit from the director under this chapter; and maintaining at all times in full force and effect, the sidewalk vending permit, a business license pursuant to Chapter 5.12 of this code, and any other permits, authorizations, or approvals required by law from the city or other governmental agency that is applicable to sidewalk vending activities.
B.
Any
person wishing to engage in sidewalk vendor activities as defined
in this chapter shall file an application with the director on forms
approved by the director. Such application shall contain the following
information:
1.
The
name, address, and telephone number of the person applying to become
a sidewalk vendor;
2.
The
name, address, and telephone number of the person who will be in charge
of any roaming sidewalk vendors, sidewalk vending activity and/or
be responsible for the person(s) working at the sidewalk vending receptacle;
3.
The
name, address, and telephone number of all persons that will employed
as roaming sidewalk vendors or at a sidewalk vending receptacle;
4.
The
number of sidewalk vending receptacles the sidewalk vendor will operate
within the city under the permit;
5.
The
location(s) in the city where the sidewalk vendor intends to operate;
6.
The
day(s) and hours of operation the sidewalk vendor intends to operate
at such location(s);
7.
Whether
the vendor intends to operate as a stationary sidewalk vendor or a
roaming sidewalk vendor and, if roaming, the intended path of travel;
8.
The
dimensions of the sidewalk vendor's sidewalk vending receptacle(s),
including a picture of each sidewalk vending receptacle operating
under the permit and any signs that will be affixed thereto;
9.
Whether
the sidewalk vendor will be selling food, merchandise, or both;
10.
If the sidewalk vendor is selling food, a description of the type
of food to be sold, whether such foods are prepared on site, whether
such foods will require a heating element inside or on the sidewalk
vending receptacle for food preparation, and the type of heating element,
if any;
11.
If the vendor is selling merchandise, a description of the merchandise
to be sold;
12.
If the vendor is selling food, the name and address of the food commissary
in which the sidewalk vending receptacle is stored and maintained;
13.
A copy of the public health permit required for any sidewalk vendors
selling food, as required by Los Angeles County Code Title 11 Health
and Safety;
14.
Proof the person possesses a valid California Department of Tax and
Fee Administration seller's permit which notes the city as a location
or sublocation, which shall be maintained for the duration of the
sidewalk vendor's permit;
15.
An acknowledgement that the sidewalk vendor will comply with all
other generally applicable local, state, and federal laws;
16.
A certification that, to their knowledge and belief, the information
contained within the application is true;
17.
An agreement by the sidewalk vendor to defend, indemnify, release
and hold harmless the city, its city council, commissions, officers,
and employees from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines,
penalties, liabilities, costs, and expenses (including, without limitation,
attorney's fees, disbursements, and court costs) of every kind and
nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to the permit or the vendor's sidewalk vending activities.
This indemnification shall include, but not be limited to, damages
awarded against the city, if any, costs of suit, attorneys' fees,
and other expenses incurred in connection with such claim, action,
or proceeding whether incurred by the permittee, city, and/or the
parties initiating or bringing such proceeding;
18.
An acknowledgement that use of public property is at the sidewalk
vendor's own risk and that the city does not take any steps to ensure
public property is safe or conducive to the sidewalk vending activities,
and that the sidewalk vendor uses the public property at the vendor's
own risk and assumes such risks;
19.
An acknowledgement that the sidewalk vendor will obtain and maintain
throughout the duration of any permit issued under this chapter, any
insurance required by the city's risk manager;
20.
Vendor shall cooperate with the director and submit to a local and
state summary criminal history information investigation, and certify
whether disqualifying criminal history has been discovered. Accordingly,
pursuant to Penal Code Sections 11105 and 13300, the city council
explicitly authorizes the director to obtain such information as it
relates to disqualifying convictions or conduct related to the crimes
and offenses described in this chapter; and
21.
Any other relevant information required by the director, or designee.
(Ord. 1130 § 2, 2019)
A.
Within
thirty calendar days of receiving a completed application, the director
shall issue a sidewalk vendor permit, with appropriate conditions,
as provided for herein, if the director finds all of the following:
1.
The
conduct of the sidewalk vendor will not unduly interfere with traffic
or pedestrian movement, or tend to interfere with or endanger the
public peace or rights of nearby tenants to the quiet enjoyment and
peaceable enjoyment of their property, or otherwise be detrimental
to the public peace, health, safety, or general welfare;
2.
The
conduct of the sidewalk vendor will not unduly interfere with normal
governmental or city operations, threaten to result in damage or detriment
to public property, or result in the city incurring costs or expenditures
in either money or personnel not reimbursed in advance by the vendor;
3.
The
conduct of such sidewalk vending activity will not constitute a fire
hazard, and all proper safety precautions will be taken;
4.
The
conduct of such sidewalk vending activity will not require the diversion
of law enforcement officers to properly police the area of such activity
as to interfere with normal law enforcement protection for other areas
of the city;
5.
The
sidewalk vendor has paid all previous administrative fines, completed
all community service, and completed any other alternative disposition
associated in any way with a previous violation of this chapter;
6.
The
sidewalk vendor has not had a permit revoked within the past twelve
months;
7.
The
sidewalk vendor's application contains all required information;
8.
The
sidewalk vendor has not made a materially false, misleading or fraudulent
statement of fact to the city in the application process;
9.
The
sidewalk vendor has satisfied all the requirements of this chapter;
10.
The sidewalk vendor has paid all applicable fees as set by city council
resolution;
11.
The sidewalk vendor's sidewalk vending receptacle and proposed activities
conform to the requirements of this chapter;
12.
The sidewalk vendor has adequate insurance to protect the city from
liability associated with the sidewalk vendor's activities, as determined
by the city's risk manager, or designee;
13.
The sidewalk vendor, or any other person for whom information is required to be provided pursuant to this chapter, has not within the past three years, been convicted of or pled nolo contendere to any felony or of any misdemeanor crime involving moral turpitude or such crime that is substantially related to the qualifications, functions, or duties of a sidewalk vendor, including, but not limited to, the crimes listed under of the California Penal Code, Part 1, Title 9 Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals.
B.
The
director, in granting any permit under this chapter, may also impose
such reasonable conditions with respect to the use and scope of such
permit as is determined to be necessary to protect the public health,
safety and/or welfare, and to implement the intent and purpose of
this ordinance.
C.
All
permits issued under this chapter shall expire twelve months from
the date of issuance. A sidewalk vendor permit is non-transferable.
Any change in ownership or operation of a sidewalk vendor or sidewalk
vending receptacle requires a new permit under this chapter. Only
one sidewalk vendor permit may be issued to any single person, company,
or entity and the permit shall specify whether the permit is for roaming
sidewalk vending or stationary sidewalk vending. No person, company,
or entity shall conduct both roaming and stationary sidewalk vending
under a permit.
D.
The
director shall consider and review applications for permit renewals
pursuant to the criteria set forth in this section. Failure of a permittee
to file an application to renew a permit at least thirty calendar
days before the expiration thereof shall require the filing of a new
application and the payment of the associated fee.
(Ord. 1130 § 2, 2019)
Each application for a sidewalk vendor permit, and each application
for an annual renewal of a sidewalk vendor permit, shall be accompanied
by a non-refundable applicable fee, or non-refundable application
renewal fee, as applicable, each in an amount established by resolution
of the city council.
(Ord. 1130 § 2, 2019)
A.
All
persons engaging in sidewalk vending activities within the city of
Pico Rivera shall, in addition to any conditions imposed as a condition
of permit issuance, comply with the following conditions:
1.
The
sidewalk vendor permit issued by the city shall be displayed conspicuously
at all times on the sidewalk vending receptacle or the vendor's person.
2.
If
applicable, a public health permit issued by the county of Los Angeles
shall be displayed conspicuously at all times on the sidewalk vending
receptacle or the vendor's person and offer food in a manner approved
by the county of Los Angeles.
3.
Sidewalk
vendors must operate in compliance with all applicable federal, state,
county, and local laws.
4.
Sidewalk
vendors shall not store or leave their sidewalk vending receptacle
unattended on public property for any reason, including, but not limited
to, for the purpose of soliciting business.
5.
The
sidewalk vending receptacle shall not be chained, fastened, tethered,
or otherwise attached to any pole, sign, tree or other object in the
public right-of-way.
6.
Sidewalk
vending activities are prohibited between the hours of ten p.m. and
seven a.m., daily.
7.
Sidewalk
vending receptacle shall not be located on any public property when
the receptacle is not being actively utilized for sidewalk vending
activities.
8.
A
sidewalk vending receptacle from which food is sold shall operate
out of a commissary, mobile support unit, or other approved facility.
9.
Sidewalk
vendors shall allow a law enforcement officer, firefighter, life safety
services officer, code enforcement officer, health inspector, or other
government official charged with enforcing laws related to sidewalk
vendor activities, at any time during the operation of such activities,
to inspect the sidewalk vending receptacle for compliance with the
requirements of this chapter, the sidewalk vending permit, and to
ensure the safe operation thereof.
10.
If a sidewalk vending receptacle requires more than one person to
conduct the sidewalk vending activity, all such persons associated
with the sidewalk vending receptacle shall be within five feet thereof
when conducting sidewalk vending activities.
11.
Sidewalk vendors shall ensure that all customer queuing, waiting
areas, or lines do not block, hinder, or interfere with the free flow
of pedestrian or vehicular traffic along, over, or across public property,
and otherwise comply at all times with the location-related restrictions
set forth in this ordinance relative to sidewalk vending activities.
12.
Sidewalk vendors shall comply with the noise standards provided in
of the Pico Rivera Municipal Code, and shall not utilize any amplifying
or sound-generating equipment or devices in connection with sidewalk
vendor activities, with the exception of one bell with maximum diameter
of two inches.
13.
Sidewalk vendors shall maintain a trash container in or on the sidewalk
vending receptacle, and immediately clean up any food, waste, grease
or other fluid or item related to sidewalk vending activities from
public property. The trash receptacle must be large enough to accommodate
customer trash without utilizing existing trash receptacles located
on any block for use by the general public. A sidewalk vendor may
not dispose of customer trash in existing trash receptacles on public
property.
14.
Sidewalk vendors shall not discharge or allow to discharge any fluids,
liquids, grease, or hazardous materials on private or public property.
15.
Sidewalk vendors shall ensure, at all times, that a ten-foot area
immediately surrounding the sidewalk vending receptacle is free and
clear from trash, litter, and debris at all times.
16.
Sidewalk vendors shall, at all times, maintain a minimum four-foot-wide
area over and across any pathway, sidewalk, or public property that
is free from and clear from all obstructions associated with sidewalk
vendor activities, including, but not limited to, sidewalk vending
receptacle and customer queuing areas. Notwithstanding the specifics
of this subsection, the area to be kept free and clear shall be at
least as large as necessary to comply with the Americans with Disabilities
Act.
B.
All
sidewalk vending receptacles utilized for sidewalk vending activities
shall, in addition to any conditions imposed as a condition of permit
issuance, comply with the following conditions:
1.
Except
as may otherwise be approved in a sidewalk vending permit, sidewalk
vending receptacles and any attachments thereto, including, but not
limited to, food, merchandise, or signage, shall not exceed a total
height of four feet, a total width of four feet, and a total length
of four feet. In approving sidewalk vending receptacles of greater
size, the director shall evaluate such requests by balancing: (a)
the sidewalk vendor's reasonable need for a larger sidewalk vending
receptacle given the nature of the sidewalk vending activities to
be operated, the merchandise or food to be sold, and the location
where the sidewalk vending activities are proposed to be operated,
against; (b) the risk to the public health, welfare, and safety created
by the larger sidewalk vending receptacle.
2.
All
signage and advertising related in any way to the sidewalk vendor
shall comply with the terms and conditions of the permit, and shall
be attached to the sidewalk vending receptacle, if any, or the sidewalk
vendor's person.
3.
Sidewalk
vendors shall not utilize any electrical, flashing, wind powered,
or animated signs.
4.
Sidewalk
vending receptacles shall not touch, lean against or be affixed at
any time to any other building or structure including, but not limited
to, lampposts, parking meters, mailboxes, traffic signals, fire hydrants,
benches, bus shelters, newsracks, trashcans, trees, or traffic barriers.
C.
No person
engaging in sidewalk vending activities shall engage in any of the
following:
1.
Renting
of merchandise to customers.
2.
Displaying
of merchandise or food that is not available for immediate sale.
3.
Selling
of alcohol, cannabis, adult oriented material, tobacco products, products
that contain nicotine, or any product used to smoke/vape nicotine
or cannabis, or any other business or occupation that is not permitted
or is prohibited by the Pico Rivera Municipal Code.
4.
Using
or containing propane, natural gas, batteries, or other explosive
or hazardous materials within a vending receptacle.
5.
Using
an electrical outlet or power source that is owned by the city or
another person other than the sidewalk vendor.
6.
Utilizing
a portable generator in connection with sidewalk vending activities.
7.
Conducting
sidewalk vending activities under shaded structures, awnings, gazebos,
and bandshell in parks, except as authorized by an agreement with
the city.
8.
Continuing
to offer food or merchandise for sale to any person who has been offered
food or merchandise by the sidewalk vendor and has declined the offer,
or following or otherwise harassing any such person, or otherwise
making any statements, gesture, or other communication that would
be perceived as threatening by a reasonable person.
9.
Knowingly
making false statements or misrepresentations during the course of
offering food or merchandise for sale.
10.
Blocking or impeding the free flow of any pedestrian or vehicle traversing
public property.
(Ord. 1130 § 2, 2019)
Violators of this chapter shall not be prosecuted as infractions
or misdemeanors and shall only be punished by the following administrative
citations and revocation structure:
A.
Except
as otherwise provided in this chapter, any violation of this chapter
shall be subject to administrative fines in the following amounts:
1.
An
administrative fine not exceeding one hundred dollars for a first
violation;
2.
An
administrative fine not exceeding two hundred dollars for a second
violation within one year of the first violation; and
3.
An
administrative fine not exceeding five hundred dollars for each additional
violation within one year of the first violation.
B.
If any
person violates any portion of this chapter and cannot present proof
of a valid permit, the sidewalk vendor shall be assessed administrative
fines in the following amounts:
1.
An
administrative fine not exceeding two hundred fifty dollars for a
first violation;
2.
An
administrative fine not exceeding five hundred dollars for a second
violation within one year of the first violation; and
3.
An
administrative fine not exceeding one thousand dollars for each additional
violation within one year of the first violation.
D.
Notwithstanding
the foregoing, the director, or hearing officer on appeal, may allow
a person to complete community service in lieu of paying the total
administrative fine, may waive the administrative fine, or may offer
an alternative disposition for violations of this subsection.
(Ord. 1130 § 2, 2019)
A.
Permits
issued under the provisions of this chapter may be revoked by the
director, after notice and hearing, for any of the following causes:
1.
Fraud,
misrepresentation or false statement contained in the application
for a permit;
2.
Conducting
the business in an unlawful manner, or in such a manner as to constitute
a breach of the peace or to constitute a menace to the health, safety
or general welfare of the public;
3.
Upon
a sidewalk vendor being issued a fourth or subsequent citation for
violations of this chapter within one calendar year of the first violation.
B.
Notice
of the hearing for revocation of a license shall be given in writing,
setting forth specifically the grounds of complaint and the time and
place of hearing. Such notice shall be mailed, postage prepaid, to
the licensee, at the last known address of the licensee, at least
five days prior to the date set for hearing.
(Ord. 1130 § 2, 2019)
A.
Administrative
citations shall be appealed in the following manner:
1.
Any recipient of an administrative citation may request an ability-to-pay determination by the city, or contest the violation, by requesting an administrative hearing in accordance with Sections 8.16.270 of the Pico Rivera Municipal Code, subject to the time frames set forth in Government Code Section 51039(f)(1), or any successor section;
(Ord. 1130 § 2, 2019)
